⚖️ CONCOURT CRACKS THE WHIP: GOVERNMENT ORDERED TO ENACT POLITICAL PARTIES LAW WITHIN 12 MONTHS
In a landmark ruling with far-reaching political implications, the Constitutional Court has delivered a decisive blow—ordering the government to move, through Parliament, and enact the long-delayed Political Parties Act within 12 months.
The Court has effectively given the greenlight for legislative action, declaring that the continued failure to pass the law is unconstitutional.
A full bench of the Court further ruled that, in the meantime, political parties will remain governed under the Registrar of Societies Act, so long as its application aligns with constitutional provisions—keeping the current legal framework firmly in force until a new law is enacted
The case was brought by the Legal Resources Foundation (LRF), represented by constitutional lawyer John Sangwa, who sued the President, the Speaker of the National Assembly, and the Registrar of Societies for failing to implement Article 60(4) of the Constitution, which requires legislation governing political parties.
LRF had pushed for urgent intervention—seeking a court order compelling the introduction of the Political Parties Bill within 30 days—warning that the absence of such a law could jeopardize the integrity of the 2026 general elections.
They argued that reliance on the Societies Act creates dangerous gaps, particularly in areas such as political party financing, funding transparency, campaign expenditure limits, and participation—leaving the system vulnerable and under-regulated.
But the State, through the Attorney General, pushed back—arguing that the petition was misplaced. It maintained that the Constitution does not prescribe a specific timeline for enacting the law and warned that the Court has no authority to supervise how another arm of government performs its legislative duties. The State also insisted there was no deliberate delay, noting that the legislative process is already underway.
Delivering judgment, Justice Mudford Mwandenga dismissed the State’s arguments, ruling that the prolonged failure to enact the Political Parties Act cannot be justified and is indeed unconstitutional.
However, in a balanced directive, the Court clarified that until Parliament passes the new law, the existing framework under the Registrar of Societies Act remains binding.
The ruling now places Parliament under intense pressure to act—reviving a bill first drafted in 2017 but still stalled at the consultation stage.